Last month we wrote about a February 21, 2023, National Labor Relations Board (NLRB) decision, McLaren Macomb, which held that overly broad confidentiality and non-disparagement provisions in employee severance agreements violated Section 7 of the National Labor Relations Act (the “Act”). In that decision, the Board concluded that such provisions interfered with non-supervisory employees’ rights to engage in concerted activities relating to employment. The McLaren Macomb decision raised a number of questions that employers have been grappling with since, including whether the decision applies to existing severance agreements as well as whether and how the Act’s six-month statute of limitations would limit liability related to these provisions,

On March 22, 2023, the NLRB General Counsel provided some additional clarity, issuing guidance (the “Guidance”) to Board staff in the form of responses to 15 questions. The NLRB press release noted that General Counsel Guidance does not necessarily represent the Board’s views. However, the Guidance will be implemented by NLRB regional offices to review separation agreements so the General Counsel’s interpretation of McLaren Macomb is noteworthy for employers seeking to navigate this issue.

Here are several key takeaways.

• As a general matter, severance agreements can still be enforceable. The Guidance confirmed that the Board has indeed approved severance agreements where the employee only waived employment claims existing as of the...

Read Full Story: https://news.google.com/rss/articles/CBMiXmh0dHBzOi8vd3d3LmZvbGV5LmNvbS9lbi9p...